BROWN v. WOLF et al

Filing 27

ORDER DENYING AS MOOT MOTION FOR TEMPORARY RESTRAINING ORDER. On September 1, 2017, Plaintiff filed a Complaint (Doc. 16 ) and Motion for a Temporary Restraining Order and Motion for a Preliminary Injunction (Doc. 17 ). On October 6, 2017, service of these documents was effectuated on Defendants. Rule 65(b)(1) provides that a "court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and (B) the movants attorney certifies in writing any efforts made to give notice a nd the reasons why it should not be required." FED. R. CIV. P. 65(b)(1).Plaintiff has succeeded in providing actual notice of this lawsuit to Defendants. (See generally Doc. 23). Accordingly, Rule 65(b) is inapplicable, as it applies only to the issuance of a temporary restraining order "without written or oral notice to the adverse party or its attorney." FED. R. CIV. P. 65(b)(1). Accordingly, Plaintiff's Motion for a Temporary Restraining Order ONLY is DENIED AS MOOT. Nothing in this ruling, however, should be read to resolve Plaintiff's Motion for Preliminary Injunction raising the same issues, which remains pending before Magistrate Judge Eddy. Signed by Judge Cathy Bissoon on 10/27/17. (kg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ALTON D. BROWN, also known as
POLITICAL PRISONER,
Plaintiff,
v.
TOM WOLF,
et.al.,
Defendants.

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Civil Action No. 16-1081
Judge Cathy Bissoon
Magistrate Judge Cynthia Reed Eddy

ORDER DENYING AS MOOT MOTION FOR TEMPORARY RESTRAINING ORDER
On September 1, 2017, Plaintiff filed a Complaint (Doc. 16) and Motion for a Temporary
Restraining Order and Motion for a Preliminary Injunction (Doc. 17). On October 6, 2017,
service of these documents was effectuated on Defendants.
Rule 65(b)(1) provides that a “court may issue a temporary restraining order without
written or oral notice to the adverse party or its attorney only if: (A) specific facts in an affidavit
or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will
result to the movant before the adverse party can be heard in opposition; and (B) the movant’s
attorney certifies in writing any efforts made to give notice and the reasons why it should not be
required.” FED. R. CIV. P. 65(b)(1).
Plaintiff has succeeded in providing actual notice of this lawsuit to Defendants. (See
generally Doc. 23). Accordingly, Rule 65(b) is inapplicable, as it applies only to the issuance of
a temporary restraining order “without written or oral notice to the adverse party or its attorney.”

FED. R. CIV. P. 65(b)(1). Accordingly, Plaintiff’s Motion for a Temporary Restraining Order
ONLY is DENIED AS MOOT.
Nothing in this ruling, however, should be read to resolve Plaintiff’s Motion for
Preliminary Injunction raising the same issues, which remains pending before Magistrate Judge
Eddy.
IT IS SO ORDERED.

October 27, 2016

s/Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record
cc (via First-Class U.S. Mail):
ALTON D. BROWN
DL-4686
SCI Fayette
P.O. Box 9999
LaBelle, PA 15450-0999

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